Victorian Consolidated Legislation

Wrongs Act 1958 - SECT 24AK

Subsequent actions

24AK. Subsequent actions



(1) In relation to an apportionable claim, nothing in this Part or any other
law prevents a plaintiff who has previously recovered judgment against a
concurrent wrongdoer for an apportionable part of any loss or damage from
bringing another action against any other concurrent wrongdoer for that loss
or damage.

(2) However, in any proceeding in respect of any such action the plaintiff
cannot recover an amount of damages that, having regard to any damages
previously recovered by the plaintiff in respect of the loss or damage, would
result in the plaintiff receiving compensation for loss or damage that is
greater than the loss or damage actually suffered by the plaintiff.